CHAPTER IV.

THE TRIAL OF THE MANCHESTER REBELS.

An interval of some months being allowed to elapse, we come to a very melancholy period of our story.

The unfortunate prisoners, who had languished during the whole time in Newgate, were ordered to prepare for their trial, which was intended to take place in the Court House at St. Margaret's Hill, Southwark, before Lord Chief Justice Lee, Lord Chief Justice Willes, Justice Wright, Justice Dennison, Justice Foster, Baron Reynolds, Baron Clive, and other commissioners specially appointed for the purpose.

Previously to the trial the prisoners were ordered to be removed to the new gaol at Southwark.

'Twas a sad blow both to Monica and her unfortunate lover. So much kindness and consideration had been shown to Jemmy during his long confinement in Newgate by all the officials, that he was quite grieved to leave the prison.

Familiar with every little object in his cell, he was unwilling to exchange it for another prison-chamber. In this narrow room he and Monica had passed several hours of each day. Their converse had been chiefly of another world, for Jemmy had given up all hopes of a pardon, or an exchange, and they had prayed fervently together, or with the ordinary. Monica, as we know, was a Papist, but Jemmy still adhered to the Protestant faith. Before her departure from London, Constance had taken leave of him; but Sir Conway could not consistently visit the prison after the pardon he had received from the Duke of Cumberland. Dr. Byrom and his daughter had likewise visited him before they left town.

About a week after Constance's return to Rawcliffe Hall, Mrs. Butler died, and the sad tidings were communicated with as much care as possible to Monica. Prepared for the event, the poor girl bore it with pious resignation.

"My mother was right," she said. "She foresaw that we should never meet again."

At length the hour for departure came, and Jemmy was forced to quit his cell. As he stepped forth, his heart died within him.

In the lodge he took leave of the gaoler who had attended him, and of the other officials, and they all expressed an earnest hope that he might be exchanged. All had been interested in the tender attachment between him and Monica, which had formed a little romance in the prison.

The removal took place at night. Jemmy was permitted to take a hackney-coach, and, as a special favour, Monica was allowed to accompany him--a guard being placed on the box.

To prevent any attempt at escape he was fettered, and this grieved him sorely, for he had not been placed in irons during his confinement in Newgate.

On London Bridge, a stoppage occurred, during which the coaches were examined.

On their arrival at the prison at Southwark, the lovers were separated. Immured in a fresh cell, Jemmy felt completely wretched, and Monica, more dead than alive, was driven back to Jermyn-street.

Next day, however, she was allowed to see her lover, but only for a few minutes, and under greater restrictions than had been enforced in Newgate. Jemmy, however, had in some degree recovered his spirits, and strove to reassure her.

Three days afterwards the trials commenced. They took place, as appointed, at the Court House, in St. Margaret's Hill.

Colonel Townley was first arraigned, and maintained an undaunted demeanour. When he appeared in the dock a murmur ran through the crowded court, which was immediately checked. The counsel for the king were the Attorney-General, Sir John Strange, the Solicitor-General, Sir Richard Lloyd, and the Honourable Mr. York--those for the prisoner were Mr. Serjeant Wynne and Mr. Clayton. The prisoner was charged with procuring arms, ammunition, and other instruments, and composing a regiment for the service of the Pretender to wage war against his most sacred majesty; with marching through and invading several parts of the kingdom, and unlawfully seizing his majesty's treasure in many places for the service of his villainous cause, and taking away the horses and other goods of his majesty's peaceful subjects. The prisoner was furthermore charged, in open defiance of his majesty's undoubted right and title to the crown of these realms, with frequently causing the Pretender's son to be proclaimed in a public and solemn manner as regent, and himself marching at the head of a pretended regiment, which he called the Manchester Regiment.

To this indictment the prisoner pleaded not guilty.

The chief witness against the prisoner was Ensign Maddox, an officer of the regiment, who had consented to turn evidence for the Crown. Maddox declared that he had marched out with the prisoner as an ensign, but never had any commission, though he carried the colours; that the prisoner gave command as colonel of the Manchester Regiment; and that he ordered the regiment to be drawn up in the churchyard in Manchester, where the Pretender's son reviewed them, and that he marched at the head of the regiment to Derby. That the prisoner marched as colonel of the Manchester Regiment in their retreat from Derby to Carlisle; that he was made by the Pretender's son commandant of Carlisle, and that he took on him the command of the whole rebel forces left there; that he had heard the prisoner have some words with Colonel Hamilton, who was governor of the citadel, for surrendering the place, and not holding out to the last; and that he had particularly seen the prisoner encourage the rebel officers and soldiers to make sallies out on the king's forces.

After Maddox's cross examination evidence was produced that Colonel Townley was many years in the French service under a commission from the French king; and since he was taken at Carlisle had been constantly supplied with money from France. Other witnesses were called to invalidate the evidence of Maddox by showing that he was unworthy of credit.

But the court ruled that no man who is a liege subject of his majesty can justify taking up arms, and acting in the service of a prince who is actually at war with his majesty.

After the prisoner's evidence had been gone through, the Solicitor-General declared, "That he felt certain the jury would consider that the overt acts of high treason charged against the prisoner in compassing and imagining the death of the king, and in levying war against his majesty's person and government, had been sufficiently proved."

While the jury withdrew to consider their verdict, Colonel Townley looked more indifferent than any other person in court. On their return, in about ten minutes, the clerk of arraigns said:

"How say you, gentlemen, are you agreed on your verdict? Do you find Francis Townley guilty of the high treason whereof he stands indicted, or not guilty?"

"Guilty," replied the foreman.

Sentence of death was then pronounced upon him by Lord Chief Justice Lee, and during that awful moment he did not betray the slightest discomposure.

He was then delivered to the care of Mr. Jones, keeper of the county gaol of Surrey.

Captain Dawson's trial next took place. His youth and good looks excited general sympathy.

The indictment was similar to that of Colonel Townley--the treason being alleged to be committed at the same time. The Attorney-General set forth that the prisoner, contrary to his allegiance, accepted a commission in the Manchester Regiment raised by Colonel Townley for the service of the Pretender, and acted as captain; that he marched to Derby in a hostile manner; that he retreated with the rebel army from Derby to Manchester, and thence to Clifton Moor, where in a skirmish he headed his men against the Duke of Cumberland's troops; and that he had surrendered at the same time as Colonel Townley and the other officers.

Evidence to the above effect was given by Maddox and other witnesses.

No defence was made by the prisoner, and the jury, without going out of court, brought him in guilty.

As their verdict was delivered, a convulsive sob was heard, and attention being directed to the spot whence the sound proceeded, it was found that a young lady had fainted. As she was carried out the prisoner's eyes anxiously followed her, and it was soon known that she was his betrothed.

The rest of the rebel officers were subsequently tried and found guilty, and sentence of death was passed upon them all.

The order for the execution was couched in the following terms:

"Let the several prisoners herein named return to the gaol of the county of Surrey whence they came. Thence they must be drawn to the place of execution, on Kennington Common, and when brought there must be hanged by the neck--but not till they are dead, for they must be cut down alive. Then their hearts must be taken out and burnt before their faces. Their heads must be severed from their bodies, and their bodies divided into quarters, and these must be at the king's disposal."